June 17, 2024

Barrister Justin Bates: Back from hols and raring to go (which may include appealing Regent Court’s right to manage)


So barrister Justin Bates is back from holidays, he Tweets his 204 followers, and is eager to get stuck into five Upper Tribunal cases and two potential Court of Appeal ones as well.

Among the latter might be Regent Court, where freeholder Israel Moskovitz is determined to stop the pensioners achieving right to manage and has been employing Bates to do the necessary.

Moskovitz has told Campaign against retirement leasehold exploitation there are  “wider implications in many arrears [sic] of law”According to Moskovitz’s business associate, Joseph Gurvits, who heads the Y and Y Management which runs the site, the RTM directors are unrepresentative bullies and the Right To Manage Federation, which the pensioners have engaged to obtain RTM, is a commercial rival.

A further application for leave to appeal has been made to the Court of Appeal having been turned down by the Upper Tribunal, as detailed below.

Papers are due to be submitted by Avon Freeholds before September 19 for an ex parte (from one party) paper hearing. The Court of Appeal will then decide the merits of hearing an appeal at a paper hearing probably in early October.

If the freeholder looses yet again he could then demand an oral hearing which adds a few more months.And let’s not forget Europe, which could involve another 18 months to two years.

Should this appeal be given any consideration at all?

Not according to Sir Keith Lindblom, president of the Upper Tribunal, who dismissed the appeal on August 5.

“The differences between the two statutory schemes, which I have acknowledged, do not justify a different approach from the one I have taken. In my view, therefore, there is no sound basis for an appeal in this case, nor any good reason for an appeal to be heard.”

The Court of Appeal may decide differently, however.

After an exhaustive process, Regent Court finally won right to manage in February last year. Fourteen months later, Moskovitz’s appeal against this decision was heard, in April 2013.

The whole process has caused a great deal of stress and misery, and some of the original RTM applicants have since died.

Still, at least one person is happy. Justin Tweets: “I do love my job.”